[1967 Code § 6-1; N.J.S.A. 4:19-15.1; N.J.S.A. 4:19-18]
As used in this chapter:
BOROUGH OFFICIAL
Any Borough Code Enforcement Official, Borough Police Department Officer, Gloucester County Animal Control Officer, the Municipal or Deputy Clerk, or any other official or person assigned or designated by Mayor and Council.
[Added 1-28-2019 by Ord. No. 3-2019]
CERTIFIED ANIMAL CONTROL OFFICER
Any Borough Code Enforcement Official, Borough Police Department Officer, Gloucester County Animal Control Officer, the Municipal or Deputy Clerk, or any other official or person assigned or designated by Mayor and Council.
[Amended 1-28-2019 by Ord. No. 3-2019]
DOG
Shall mean any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KEEPER
Shall mean any person exercising control over a dog or permitting a dot to remain on premises under his control.
KENNEL
Shall mean any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
MUNICIPAL HUMANE LAW ENFORCEMENT OFFICER
An individual who has been designated, and authorized by the governing body who shall have the power and authority within the municipality in which the officer is designated, or otherwise authorized to act, as a municipal humane law enforcement officer to:
[Added 1-28-2019 by Ord. No. 3-2019]
a. 
Enforce all animal welfare and animal cruelty laws of the state and ordinances of the municipality;
b. 
Investigate and sign complaints concerning any violation of an animal welfare or animal cruelty law of the state or ordinance of the municipality;
c. 
Act as an officer for the detection, apprehension, and arrest of offenders against the animal welfare and animal cruelty laws of the state and ordinances of the municipality; and
d. 
Abide by the provisions of Chapter 22 of Title 4 of the Revised Statutes.
OWNER
When applied to the proprietorship of a dog shall mean and include every person having a right of property in that dog and every person who has that dog in his keeping, and when applied to the proprietorship of any other animal, including, but not limited to, a cat, shall include every person having a right of property in that animal and every person who has that animal in his keeping.
PET SHOP
Shall mean any place of business which is not part of a kennel, wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.
POTENTIALLY DANGEROUS DOG
Shall mean any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to N.J.S.A. 4:19-23.
POUND
Shall mean an establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
SHELTER
Shall mean any establishment where dogs are received, housed and distributed without charge.
VICIOUS DOG
Shall mean any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals and any dog or dog hybrid declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22.
[1967 Code § 6-2.1]
Licenses shall be required for the following dogs of licensing age:
a. 
Any dog owned or kept within the Borough by a resident of the Borough on the first day of January of any calendar year.
b. 
Any dog acquired by any person during the course of any calendar year and kept within the Borough for more than 10 days after acquisition.
c. 
Any dog attaining licensing age during the course of the calendar year.
d. 
Any unlicensed dog brought into the Borough by any person and kept within the Borough for more than 10 days.
e. 
Any dog licensed by another state brought into the Borough by any person and kept within the Borough for more than 90 days.
[1967 Code § 6-2.2]
Each application for a license under this section shall give the following information:
a. 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings, and whether such dog is of a long or short haired variety.
b. 
Name, street and post office address of the owner of, and the person who shall keep or harbor such dog.
Registration numbers shall be issued in the order in which applications are received.
[N.J.S.A. 4:19-15.2a]
No Municipal Clerk or other official designated by the Governing Body shall grant any such license and official metal registration tag for any dog unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Health, Education and Welfare, or has been certified exempt as provided by regulations of the State Department of Health. Such vaccination shall be repeated at intervals as provided by regulations of the State Department of Health, and shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same. The State Department of Health shall promulgate regulations providing for the recognized duration of immunity, interval of inoculation, certificate of vaccination, certificate of exemption, and such other matters related to this act.
[1967 Code § 6-2.4]
The information on all applications under this chapter and the registration number issued to each licensed dog shall be preserved for a period of three years by the Borough Clerk. In addition, (s)he shall forward similar information to the State Department of Health each month on forms furnished by the Department.
[1967 Code § 6-2.3; New]
Applications for licenses for dogs which are required to be licensed by the provisions or Subsection 5-2.1a, shall be made before the thirty-first day of March of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog is question first becomes subject to the provisions of this section.
[1967 Code §§ 6-2.5, 6-2.7; N.J.S.A. 4:19-15.3; Ord. No. 13-2015]
a. 
Annual. The person applying for a license shall pay a local annual license fee as set forth below for each dog. In addition thereto, the applicant shall pay all mandated State fees set forth below which shall be transmitted by the Borough to the State of New Jersey as required by law including, but not necessarily limited to, an annual registration fee, N.J.S.A. 4:19-15.3, an annual fee to be placed in the Pilot Clinic Fund, N.J.S.A. 4:19-15.3c., and, if proof of permanent alteration of reproductive capacity of a dog of reproductive age is not produced, an annual fee for the Animal Population Control Fund, N.J.S.A. 4:19-15.3b. The same fees shall be charged for annual renewal of each license.
ANNUAL DOG LICENSE FEES
Annual License fee for each dog
$7.80
Annual registration fee (State of NJ)
$1.00
Pilot Clinic Fund fee
$0.20
TOTAL - for dogs with proof of permanent alteration
$9.00
Additional fee for unaltered dog
$3.00
[1967 Code § 6-2.5; Ord. No. 13-2015]
Any person owning a dog on January 1 who has not obtained a new license by March 31 of the same year shall pay a late fee of $10 in addition to the fees set forth above.
[1967 Code § 6-2.6]
Each dog license and registration tag shall expire on the last day of March of the calendar year following the calendar year in which it was issued.
[1967 Code § 6-2.7; N.J.S.A. 4:19-15.3]
Dogs used as guides for blind persons and commonly known as "seeing eye" dogs, dogs used to assist handicapped persons and commonly known as "service dogs," or dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
[1967 Code § 6-4; N.J.S.A. 4:19-15.3b; N.J.S.A. 4:19-15.3c]
License fees collected and received under the provisions of this section, except the registration tag fees, shall be forwarded to the Treasurer of the Borough within 30 days after collection or receipt, and shall be placed in a special account separate from any of the other accounts of the Borough and shall be used for the following purposes only: collecting, keeping and disposing of dogs liable to seizure under this chapter; local prevention and control of rabies; providing anti-rabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; all other purposes prescribed by the statutes of New Jersey governing the subject, and for administering the provisions of this section. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the Borough any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding. Other fees shall be forwarded to the State Department of Health pursuant to N.J.S.A. 4:19-15.3b and N.J.S.A. 4:19-15.3c.
[1967 Code § 6-6.1; amended 3-11-2019 by Ord. No. 6-2019]
It shall be the duty of the Animal Control Officer to receive and investigate complaints against dogs.
a. 
Definitions. As used in this chapter:
POTENTIALLY DANGEROUS DOG
Shall mean any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to the provisions of N.J.S.A. 4:19-23.
[N.J.S.A. 4:19-18]
b. 
Findings to Declare Dog Potentially Dangerous.
1. 
The Municipal Court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
(a) 
Caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or
(b) 
Severely injured or killed another domestic animal, and
(1) 
Poses a threat of serious bodily injury or death to a person; or
(2) 
Poses a threat of death to another domestic animal, or
(c) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
2. 
A dog shall not be declared potentially dangerous for:
(a) 
Causing bodily injury as defined in N.J.S.2C:11-1(a) to a person if the dog was provoked, or
(b) 
Severely injuring or killing a domestic animal if the domestic animal was the aggressor.
[N.J.S.A. 4:19-23]
c. 
Order and Schedule for Compliance; Conditions. If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:
1. 
Shall require the owner to comply with the following conditions:
(a) 
To apply, at his own expense, to the Municipal Clerk or other official designated to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to N.J.S.A. 4:19-30. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag;
(b) 
To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to Subsection 3 below;
(c) 
To immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner;
2. 
May require the owner to maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
[N.J.S.A. 4:19-24]
d. 
Duties of Owner. The owner of a potentially dangerous dog shall:
1. 
Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance with a schedule established by the Municipal Court, but in no case more than 60 days subsequent to the date of determination;
2. 
Notify the licensing authority, local Police Department, and the Animal Control Officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;
3. 
Notify the licensing authority, local Police Department, and the Animal Control Officer within 24 hours of the death, sale or donation of a potentially dangerous dog;
4. 
Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;
5. 
Upon the sale or donation of the dog to a person residing in a different municipality, notify the licensing authority, Police Department, and Animal Control Officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner; and
6. 
In addition to any license fee required pursuant to section N.J.S.A. 4:19-15.3, pay a potentially dangerous dog license fee to the municipality as provided by N.J.S.A. 4:19-31.
[N.J.S.A. 4:19-28]
e. 
Violations by Owner; Penalties; Enforcement; Seizure and Impoundment of Dog; Destruction by Order of Court. The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this act, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order shall be subject to a fine of not more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The Municipal Court shall have jurisdiction to enforce this section. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of N.J.S.A. 4:19-17 et seq., or any rule or regulation adopted pursuant thereto, or a court's order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
[N.J.S.A. 4:19-29]
f. 
Registration Number, red identification tag and license. The Municipality shall:
1. 
Issue a potentially dangerous dog registration number and red identification tag along with a municipal potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the Court's orders. The last three digits of each potentially dangerous dog registration number issued by the municipality will be the three number code assigned to the municipality in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing, compliance to the Municipal Clerk or other official designated to license dogs in the municipality;
2. 
Publicize a telephone number for reporting violations of this section and N.J.S.A. 4:19-17 et seq.
[N.J.S.A. 4:19-30]
g. 
License Required; Fee. The owner or keeper of any dog declared to be potentially dangerous shall obtain a license from the municipality and an annual fee of $150. The license shall be issued according to the provisions of N.J.S.A. 4:19-30.
[N.J.S.A. 4:19-24]
a. 
Definitions. As used in this chapter:
VICIOUS DOG
Shall mean any dog or dog hybrid declared vicious by a Municipal Court pursuant to N.J.S.A. 4:19-22.
[N.J.S.A. 4:19-18]
b. 
Findings to Declare Dog Vicious; Grounds.
1. 
The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:
(a) 
Killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or
(b) 
Has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.
2. 
A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
3. 
If the Municipal Court declares a dog to be vicious, and no appeal is made of this ruling pursuant to section N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
[N.J.S.A. 4:19-22]
[1967 Code § 6-7.1; N.J.S.A. 4:19-15.16]
The Animal Control Officer or any other person authorized by the Borough shall take into custody and impound, or cause to be taken into custody and impounded, any of the following dogs:
a. 
Any unlicensed dog running at large in violation of the provisions of this chapter.
b. 
Any dog off the premises of the owner of or the person keeping or harboring, such dog which the Animal Control Officer or his/her agent has reason to believe is a stray dog.
c. 
Any dog off the premises of the owner of or the person keeping or harboring, such dog without a current registration tag on its collar.
d. 
Any female dog in season off the premises of the owner of or the person keeping or harboring, such dog.
e. 
Any dog or other animal which is suspected to be rabid.
f. 
Any dog or other animal off the premises of the owner reported to, or observed by, the Animal Control Officer to be ill, injured or creating a threat to public health, safety or welfare, or otherwise interfering with the enjoyment of property.
[Amended 1-28-2019 by Ord. No. 3-2019]
g. 
Any dog which has been determined to be a vicious dog, as provided in § 5-3, provided that such dogs may also be seized by any public Officer, and provided further that if such dogs cannot be seized with safety they may be killed.
[1967 Code § 6-7.2]
An officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog which (s)he may lawfully seize and impound when such Officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids same.
[1967 Code § 6-7.3; N.J.S.A. 4:19-15.16]
a. 
If any animal so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or the person keeping or harboring said animal is known, any person authorized by the Governing Body shall forthwith serve on the person whose address is given on the collar, or on the owner of the person keeping or harboring said animal, if known, a notice in writing stating that the animal has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after the service of the notice.
b. 
A notice under this section may be served either by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of abode, or at the address given on the collar, or by forwarding it by post in a prepaid letter address to that person at his usual or last known place of abode, or to the address given on the collar.
[1967 Code § 6-7.4; N.J.S.A. 4:19-15.16]
The Animal Control Officer or other authorized person is authorized and empowered to cause the destruction of any unclaimed dog, in as humane a manner as possible and consistent with the provisions of N.J.S.A. 4:22-19 or to be offered for adoption seven days after seizure, under any of the following contingencies:
a. 
When any dog so seized has not been claimed by the person owning, keeping or harboring such dog within seven days after notice or within seven days of the dog's detention when notice has not been or cannot be given, as set forth in the previous subsection.
b. 
If the person owning, keeping or harboring any dog so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance, not to exceed $3.50 for the first day, and one ($1) dollar per day for each additional day.
c. 
If the seized dog is unlicensed at the time of its seizure and the person owning, keeping or harboring such dog has not produced a license and registration tag as provided in this chapter.
[1967 Code § 6-3.1]
Any person who keeps, operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Borough Clerk for a license entitling him to keep or operate each establishment. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments. Such licenses shall not be transferable to another owner or different premises.
[1967 Code § 6-3.2]
The application shall contain the following information:
a. 
The name and permanent and local address of the applicant.
b. 
The street address where the establishment is located or proposed to be located, together with a general description of the premises.
c. 
The purposes for which it is to be maintained.
d. 
The maximum number of dogs to be accommodated by each establishment at any one time.
[1967 Code § 6-3.3]
No license shall be issued until the proposed licensee submits a written statement from the Health Officer of the Board of Health that the establishment or proposed establishment complies with the local and state rules governing the location of and sanitation at such establishment.
[1967 Code § 6-3.4; N.J.S.A. 4:19-15.8]
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year.
[1967 Code § 6-3.5; N.J.S.A. 4:19-15.9]
The annual license fees for kennel and pet shop licenses shall be as follows:
Type of License
Fee
Kennel accommodating 10 or fewer dogs
$10
Kennel accommodating more than 10 dogs
$25
Pet shop
$10
Shelter or pound, nonprofit
No fee
Shelter or pound, operated for profit
$100
[1967 Code § 6-3.6]
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Borough Council on recommendation of the State Department of Health or the Board of Health for failure to comply with the rules and regulations of the State Department or the Borough Board of Health, after the owner has been afforded a hearing by either the State Department of Health or the Borough Board of Health.
Any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all Borough ordinances and the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein and the prevention of the spread of rabies and other diseases of dogs within and from such establishments.
[1967 Code § 6-3.7]
The Borough Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the license are issued, which list include the name and address of the licensee and the kind of license issued.
[1967 Code § 6-3.8]
No dogs kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash or in a crate or other safe control.
[Ord. No. 6-2016]
a. 
Definitions.
ANIMAL CARE FACILITY
Shall mean an animal control center or animal shelter, maintained by or under contract with any State, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
ANIMAL RESCUE ORGANIZATION
Shall mean any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
CAT
Shall mean a member of the species of domestic cat, Felis catus.
DOG
Shall mean a member of the species of domestic dog, Canis familiaris.
OFFER FOR SALE
Shall mean to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
PET SHOP
Shall mean a retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.
b. 
Restrictions on the Sale of Animals.
1. 
A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:
(a) 
An animal care facility; or
(b) 
An animal rescue organization.
2. 
A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old.
[1967 Code § 6-8]
No person shall own, keep or harbor a dog in the Borough of Pitman, except in compliance with the provisions of this chapter and the regulations contained in this section.
[1967 Code § 6-8.1]
All dogs for which licenses are required by the provisions of this chapter to be licensed shall wear a collar or harness with the registration tag for such dog securely fastened thereto.
[1967 Code § 6-8.2; amended 1-28-2019 by Ord. No. 3-2019]
No person, except an Animal Control Officer in the performance of his/her duties, shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued.
[1967 Code § 6-8.4]
No person shall own, keep, harbor or maintain any dog which habitually barks or cries so as to disturb others.
[1967 Code § 6-8.5]
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park, or upon private property other than that of the owner, or any other public place within the Borough.
[1967 Code § 6-8.6]
No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the Borough, unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long.
[1967 Code § 6-8.7]
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury, or to do any damage to any lawn, shrubbery, flowers, grounds or property.
[1967 Code § 6-9; amended 1-28-2019 by Ord. No. 3-2019]
The Animal Control Officer and/or Borough Official shall enforce the provisions of this article. Nothing herein shall prohibit a private citizen from bringing or signing a complaint for an alleged violation of this article.
[1967 Code § 6-9]
The Borough Council shall have the power to appoint an Animal Control Officer, whose duty it shall be to enforce the provisions of this chapter. The Borough Council shall also have the power to appoint one or more persons, who may impound unlicensed dogs running at large in violation of the provisions of this chapter.
[1967 Code § 6-5]
The Governing Body shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough and shall report to the Municipal Clerk, the Board of Health and to the State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs, the number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog; the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.